Divorcing a menstruating wife is forbidden, and it is obligatory to take her back.
Machine translationRead the Arabic original
The Shaykh : If a man divorces his wife while she is menstruating, we say this is a forbidden divorce, and you must take her back. Why? Because it is a divorce outside the waiting period. A divorce outside the waiting period. We said that a divorce during the waiting period occurs in only two cases: that he divorces her while she is pregnant, and that he divorces her during a period of purity in which he did not have intercourse with her.
The student: He did not have intercourse with her during that period.
The Shaykh : Perfect. If you have grasped the matter, and he divorces her during a period of purity in which he did not have intercourse with her, it is a divorce outside the waiting period. If he divorces her while she is menstruating, or if he divorces her during a period of purity in which he did have intercourse with her, that is a divorce outside the waiting period. So, if a man divorces his wife while she is menstruating, we say this is a forbidden divorce because it is a disobedience to Allah, and you must take her back to her marriage. Why do we say this? Why? Answer, everyone. Because it is a divorce outside the waiting period. It is a divorce outside the waiting period. How is it a divorce outside the waiting period? Because if this menstruating woman is divorced during her menstruation, she has not entered the waiting period, because the remaining menstruation is not counted as part of the waiting period. And thus, it is a divorce outside the waiting period.
The student: He did not have intercourse with her during that period.
The Shaykh : Perfect. If you have grasped the matter, and he divorces her during a period of purity in which he did not have intercourse with her, it is a divorce outside the waiting period. If he divorces her while she is menstruating, or if he divorces her during a period of purity in which he did have intercourse with her, that is a divorce outside the waiting period. So, if a man divorces his wife while she is menstruating, we say this is a forbidden divorce because it is a disobedience to Allah, and you must take her back to her marriage. Why do we say this? Why? Answer, everyone. Because it is a divorce outside the waiting period. It is a divorce outside the waiting period. How is it a divorce outside the waiting period? Because if this menstruating woman is divorced during her menstruation, she has not entered the waiting period, because the remaining menstruation is not counted as part of the waiting period. And thus, it is a divorce outside the waiting period.